ORS 86A.327
Complaints

  • director’s power to investigate
  • confidentiality
  • exceptions

(1)

If the Director of the Department of Consumer and Business Services receives a complaint concerning a person that services a residential mortgage loan, the director:

(a)

Shall notify the person of the complaint, provide a copy of the complaint in the notice and require the person to respond to the complaint and to the director within 30 days after the date of the notice;

(b)

May investigate the complaint and require the person to provide books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence necessary for the director’s investigation; and

(c)

May investigate the person and the person’s policies and practices with respect to servicing a residential mortgage loan and require the person to provide books, accounts, papers, records, files, documentation and other information, material or evidence necessary for the director’s investigation.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director receives or possesses as a consequence of an investigation under subsection (1) of this section are confidential unless state or federal law or a court order permits or requires disclosure.

(b)

The director may share any item listed in paragraph (a) of this subsection with any state or federal agency.

(3)

The director may charge and collect from a person the director investigates under this section the costs the director incurs in conducting the investigation. [2017 c.636 §10]

Source: Section 86A.327 — Complaints; director’s power to investigate; confidentiality; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).

86A.095
Short title 86A.100
Definitions 86A.103
License required to engage in residential mortgage transactions as mortgage banker or mortgage broker 86A.106
Procedures for licensing 86A.109
Expiration of initial license 86A.112
Licensees to keep records 86A.115
Grounds for denying, suspending, conditioning or revoking license 86A.118
Action against applicant or licensee for act or omission of associate 86A.121
Cancellation of license or application 86A.124
Supervisory authority of director over mortgage bankers, mortgage brokers and mortgage loan originators 86A.127
Investigations 86A.130
Enjoining violations 86A.133
Procedures where assets or capital of mortgage banker or mortgage broker found impaired 86A.136
Rules 86A.139
Notice of orders 86A.142
Judicial review of orders 86A.145
Oaths and subpoenas in proceedings before director 86A.148
Copies of documents 86A.151
Liability of person that employs mortgage loan originator 86A.154
Fraud and deceit with respect to mortgage banker or mortgage broker business 86A.157
Clients’ Trust Account 86A.160
Notice to bank regarding Clients’ Trust Account 86A.163
Prohibited advertisements 86A.166
Designation of principal place of business 86A.169
Disclosure required before closing mortgage loan or mortgage banking loan 86A.172
Advisory committee 86A.175
Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker 86A.178
Legislative findings regarding mortgage loan originators 86A.183
Prohibited conduct for mortgage bankers, mortgage brokers and mortgage loan originators 86A.186
Mortgage loan originator criminal records checks 86A.195
Restrictions on negative amortization loans 86A.196
Notice of reverse mortgage prohibition in homestead property tax deferral program 86A.198
Materials in languages other than English 86A.200
Definitions 86A.203
License and unique identifier for mortgage loan originator 86A.206
Application for license 86A.209
Interim license 86A.212
Findings required for issuing license 86A.215
Education and testing requirements for license 86A.218
License renewal 86A.221
Continuing education requirements for mortgage loan originator 86A.224
Denying, suspending, conditioning, revoking or declining to renew license 86A.227
Corporate surety bond required 86A.230
Contracts or agreements with Nationwide Mortgage Licensing System and Registry and other agencies 86A.233
Production of records 86A.236
Prohibited activities 86A.239
Display of license and unique identifier 86A.242
Rules 86A.300
Short title 86A.303
Definitions 86A.306
License requirement 86A.309
Application for license 86A.312
Licensee’s principal place of business 86A.315
Required liquidity, operating reserves and tangible net worth 86A.318
Required notices to director 86A.321
Director’s supervisory authority 86A.324
Duties of mortgage loan servicer 86A.327
Complaints 86A.330
Violations 86A.333
Additional duties of licensee 86A.336
Suspension or removal of licensee’s director or officer 86A.339
Additional duties of mortgage loan servicer 86A.990
Criminal penalties for violations of ORS 86A.095 to 86A.198 86A.992
Civil penalties for violations of ORS 86A.095 to 86A.198

Current through early 2026

§ 86A.327. Complaints's source at oregon​.gov